How to Adopt a Child Legally in Canada?

Choosing to adopt a child is a life-changing decision that brings you a lot of joy and responsibility. In Canada, the adoption process is set up by law to protect the child’s safety and make the change easy for the adoptive parents. Different provinces and territories have different adoption laws. 

Also, there are different kinds of adoption, such as international, kinship, public, and private. Each has its own set of rules and steps.

This guide will show you the most important legal parts of adopting a child in Canada so you can feel confident as you go through the process.

What Is Adoption?

Adoption is the legal process of making a parent-child bond last between individuals who are not related by blood. It gives adopted parents the same rights and duties as biological parents and looks out for the child’s safety and well-being. Adoption in Canada is controlled by provincial and territorial rules, meaning the process may differ in different places. 

Types of Adoption in Canada

Adoption comes in a few different forms, each with its own formal requirements and steps to follow. This is a list of the main types of adoption in Canada:

Public Adoption

Adopting a child through the child welfare system in a province or territory is called public adoption. Most children in the public adoption system are in foster care and are ready for adoption because their biological parents have neglected or abandoned them.

Private Adoption

If you adopt a child through a private adoption service or a professional lawyer, and the birth parents usually agree to it is called private adoption. This usually involves adopting babies or young children, and the birth parents choose to give up their child for adoption. In Canada, private adoption isn’t done very often, but it’s becoming more popular.

International Adoption

When Canadians adopt a child from another country, this is called international adoption. This process has more steps because you must follow Canadian law and the adoption rules of the child’s home country. International adoption agencies often make the process easier by checking with authorities in both countries. 

Step-Parent Adoption

In a step-parent adoption, one person officially takes the child of their ex-spouse as their own. People often look for this kind of adoption when the biological parent is not present, has died, or has lost the right to be a parent. Usually, the biological parent has to give permission, and there may be a need for a home study or background check.

Kinship Adoption

When a grandparent, aunt, uncle, or older brother adopts a child who is part of their family, this is called a kinship adoption. This kind of adoption usually happens when the child’s real parents can’t take care of them. Usually, kinship adoption is better because it keeps family ties strong and gives the child a feeling of stability.

Legal Requirements for Adopting a Child in Canada

To adopt a child in Canada, you have to follow certain rules set by state and territorial laws. The general legal requirements are –

Minimum Age: Most provinces want adoptive parents to be at least 18 or 19 years old, but some places would rather have candidates be at least 21.

Residence Requirement: Adoptive parents may only apply if they live in the province where the child is being adopted. Some international adoptions may also need proof that the person is a Canadian citizen or lives there permanently.

Home Study Assessment: People who want to adopt must go through a home study, which is done by a licensed adoption agency or social worker. This includes interviews, background checks, assessments of the family’s financial security, and home inspections to ensure the child is safe.

Criminal Record and Child Abuse Checks: Adoptive parents must go through a criminal record check and a child safety screening to make sure they have never abused or neglected a child.

How to Adopt a Child Legally in Canada?

Adopting a child is a big choice that needs a lot of thought, planning, and emotional preparation. Here is a step-by-step guide on properly adopting a child in Canada.

Step 1 – Choosing the Right Type of Adoption

Making up your mind about the type of adoption you want to do is the first and most important step in the adoption process. In Canada, the main types of adoption are:

• Public adoption
• Private adoption
• International adoption
• Step parent adoption
• Kinship adoption

Step 2 – Hiring an Adoption Lawyer

The next step is to hire an adoption lawyer if you know what kind of adoption you want. 

Finding the Right Lawyer: Look for a lawyer with a lot of experience who specializes in adoption and knows the rules in your province. 

Discussing the Process: Your lawyer will walk you through the formal steps. They will help you deal with any problems that may come up.

Step 3 – Home and Background Verification

Potential parents must go through a home study and background check before being allowed to adopt. 

Home Study: A licensed social worker or adoption agency will visit your house to see if it fits the child well. This includes meetings, trips to your home, and written proof that you are financially, emotionally, and physically ready to adopt.

Background Checks: You and any other adults living in your home must go through criminal background checks and child safety checks to ensure you have never been accused of abuse or neglect. 

Step 4 – Applying Through an Agency or Government

The next step is to apply through a government service or adoption agency. 

Public Adoption: If you are pursuing public adoption, you will work with a child welfare service in your province. They will help you fill out the application, match you with a kid, and support you throughout the adoption process.

Private Adoption: You must work with a licensed adoption service or lawyer for a private adoption. They will help birth parents and adoptive parents get in touch with each other.

International Adoption: If you want to adopt a child from another country, you will work with an agency that does only foreign adoptions. 

Step 5 – Lawyer’s Role in Paperwork and Court Filings

During the adoption process, your lawyer will help you finish the adoption with the legal paperwork and court papers. Most of the time, adoption is completed by the courts. In some situations, you may need to get and record the birth parents’ permission.

If there are any problems or disagreements during the adoption process, your lawyer will tell you how to handle them. This can include problems with birth parents’ permission, adoptions that are disputed, or delays in the legal process.

Step 6 – Meeting the Child

The next step is to meet the child you want to adopt. This step may be different for each type of adoption:

For public adoption, you may meet the child over the course of several meetings. This lets you get to know the child and ensure you are a good fit for the placement. Through private adoption, you can meet the child’s birth parents and the kid. Your adoption agency or lawyer can help you do this. For international adoption, when adopted parents bring a child to Canada from another country, they usually meet the child in their home country first. 

Step 7 – Finalizing the Adoption in Court with Legal Support

The last step in the adoption process is to make the adoption official in court. Parts of the court process are:

Court Order: If the adoption goes through, the judge will review all the paperwork and do background checks. Most of the time, there will be a hearing to ensure all the formal requirements have been met.

Adoption Order: An adoption order will be sent out once the judge agrees to the adoption. You now have full parental rights over the child, and the child no longer has any formal ties to their birth parents.

New Birth Certificate: Once the adoption is official, the kid will get a new birth certificate that names the adoptive parents as the legal parents.

Final Words

Adopting a child in Canada is a big choice that will change your life. You must carefully consider your options, be emotionally ready, and know how the legal process works. It can take a long time and be hard to do, but the reward of adding a child to your family and giving them a safe and caring place to live makes it all worth it.